OCR Text |
Show SHERIFF MUST STAND TRIAL DISTRICT COUKT OVERRULES B. R. HARRIES' DEMURRER AND MOTION TO STRIKE Case Will Be Carried to Supreme Tribunal on Question of Jurisdiction; Juris-diction; Ruling A Point in Favor of Plantiffs Salt Lake City. County Sheriff Benjamin R Harries must stand trial in the Third district court to establish right and title to the office he now holds. This i embodied in the decision decis-ion of Judge William M. McCrea of the Third distriot court, who Saturday Satur-day overruled the demurrer to the amended complaint filed by sixty-nine citzens of Salt Lake county seeking to oust Harries from the office of sheriff on the grounds of religious interference in-terference in politics which brought about his election. Barring unforseen intervention the case wall go to trial within a short time. The ruling of Judge McCrea was concidered a point in favor of the plaintiffs seeking to have the election of Sheriff Harries annulled. The first skirmish was won by Harries when the demurrer to the orign'al complaint was sustained by the court. In overruling the demurrer Judge McCrea Mc-Crea likewise denied all of the motions mo-tions made by counsel for the plaintiff plain-tiff to strike. The original complaint in the ouster proceedings was filed the latter part of December, 1922, and there were then ninety-three plaintiffs to the cc-tion. cc-tion. Immediately following the publication pub-lication of the names of the plaintiffs plain-tiffs twenty-four of them withdrew. In petitioning the clerk of the court for the withdrawal of their names each set forth that he had signed a petition relating to the Harries matter, but did not know It would involve court action. |